MAZZEI v. THE MONEY STORE

No. 21-2696 August Term, 2022.

62 F.4th 88 (2023)

Joseph MAZZEI, Individually and on Behalf of the Fee-Split Class, Plaintiff-Appellant, v. THE MONEY STORE, HomEq Servicing Inc., TMS Mortgage, Inc., Wells Fargo Bank, N.A., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided March 15, 2023.


Attorney(s) appearing for the Case

Paul Stuart Grobman, Esq. ( Moshe Horn , Christopher M. Van de Kieft , Gitlin Horn and Van De Keift LLP, on the brief), New York, NY, for Plaintiff-Appellant.

Amy Pritchard Williams ( Mackenzie Willow-Johnson , on the brief), Troutman Pepper Hamilton Sanders LLP, Charlotte, N.C., for Defendants-Appellees.

Before: WALKER, PARKER, and LEE, Circuit Judges.


Federal Rule of Civil Procedure 60(b) authorizes relief from a final judgment, order, or proceeding based on, among other things, "fraud on the court." Years after an adverse judgment and unsuccessful appeals in Mazzei v. The Money Store, 829 F...

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